§501-53 Dismissal; effect; withdrawal, conditions.

325 words·~1 min read·/hi/chapter-501/501-53

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§501-53 Dismissal; effect; withdrawal, conditions. If the court finds that the applicant has not title proper for registration, a decree shall be entered dismissing the application and the decree may be ordered to be without prejudice in whole or in part; but unless it is so ordered, it shall bind the parties, their privies, and the land in respect to any issue of fact which has been tried and determined. The applicant may withdraw the applicant's application at any time before final decree, upon terms to be determined by the court.

The court may in its discretion require the applicant who moves to withdraw the applicant's application or to substitute some other person as applicant, to stipulate that the applicant shall be bound by the result of any issue of fact which has been tried and determined, and such stipulation shall bind the parties, their privies and the land itself. [L 1903, c 56, §37; am L 1921, c 214, pt of §1; RL 1925, §3227; RL 1935, §5032; RL 1945, §12632; RL 1955, §342-33; HRS §501-53; gen ch 1985]

Case Notes

Petition dismissed by circuit court after appeal taken there, when it appeared U.S. indispensable party. 34 H. 93 (1937).

Application based on adverse possession, proof required. 37 H. 49 (1945).

Applicant has burden of proof; application may be dismissed if court is unable to decide which of the conflicting testimony is trustworthy. 47 H. 472, 391 P.2d 403 (1964).

Land court decree need not contain factual issues tried and determined in a land court application. Appellate court is not limited to reviewing land court decree, but should review land court's written decision and entire record to determine binding effect on the parties in accordance with the mandate of this section. 75 H. 164, 858 P.2d 712 (1993).

State was precluded from maintaining its ejectment action with respect to parcels of real property pursuant to this section. 75 H. 164, 858 P.2d 712 (1993).